private institutions located outside of Kentucky but which operate in Kentucky, and

public institutions located outside of Kentucky but which operate in Kentucky.

If your institution is for-profit and offering only below the bachelor’s degree level, then you will need to contact the other licensing agency in Kentucky called the Commission on Proprietary Education.

2. Is my institution required to obtain a license from CPE to operate or solicit in Kentucky?

Licensure is required to operate or solicit in Kentucky and offer courses and programs to Kentucky students, including out-of-state institutions offering online courses and programs to Kentucky students. “Operating or soliciting" is defined in the licensing regulation 13 KAR 1:020 Section 1 (9):

(9) "Operating or soliciting" means having a physical presence within Kentucky and includes:

An instructional or administrative site within Kentucky whether owned, leased, rented, or provided without charge;

An agent, recruiter, in-state liaison personnel, institution, or business located in Kentucky that advises, promotes, or solicits for enrollment, credit, or award of an educational or occupational credential;

An articulation agreement with a Kentucky licensed college or state-supported institution; or

Advertising, promotional material, or public solicitation in any form that targets Kentucky residents through distribution or advertising in the state.

If an out-of-state institution that offers online programs will not be engaging in any of the “operating or soliciting" activities above (a-e), then please certify that in a letter to CPE for CPE’s review to determine if licensure is required or not. Letters may be scanned and submitted electronically.

If the institution does seek to operate or solicit in Kentucky and offer its programs to Kentucky students, then please contact the Director of Postsecondary Licensing in order to request additional information about the application for licensure and fee before you submit the application:

3. Does my institution need to obtain approval from another state agency (in addition to CPE) to offer a program that leads to a professional license or certification?

If you are seeking to offer a program that leads to a professional license or certification for professions in teaching*, nursing, counseling, or accounting, then you will need to contact the Kentucky state agency that oversees that professional licensure or certification to see what additional requirements they may have for you. Please note this list is not exhaustive.

* Please note that educator preparation programs require the approval of another state agency called the Kentucky Education Professional Standards Board (EPSB), before CPE would license the program. The Kentucky Education Professional Standards Board will not pre-approve online educator preparation programs offered by out-of-state institutions and therefore, CPE cannot license these programs. For more information please visit the Education Professional Standards Board’s Web site at: www.epsb.ky.gov/certification/outofstate.asp.

4. What institutions and programs are approved (licensed) in Kentucky?

There is no religious exemption in Kentucky's postsecondary licensing law for an out-of-state institution that wants to operate or solicit in Kentucky. An out-of-state institution wanting to operate or solicit in Kentucky must be licensed.